H -v- I (Child Abduction: Retained Jurisdiction Following Non-Return Order, Best Interests of the Child) (Approved) [2023] IEHC 700 (05 December 2023)
D's best interests require that he remain in Poland, where he receives appropriate multi-disciplinary therapeutic care, has established relationships, and speaks the language; there is no guarantee of equivalent services in Ireland and disruption would not serve his welfare.
- Citation
- [2023] IEHC 700
- Parties
- Applicant: H.; Respondent: I.
- Jurisdiction
- Ireland
- Judgment Date
- 05 December 2023
- Procedural Posture
- Child Abduction/custody / Final Judgment
- Outcome
- Application for return of child to Ireland refused; child to remain in Poland.
- Legal Topics
- Child Abduction, Retained Jurisdiction, Best Interests of the Child, Custody, Access Arrangements
Case Brief
Summary, issues, holding and outcome
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Parties
H.
Applicant
I.
Respondent
Procedural Posture
Child Abduction/custody / Final Judgment
Legal Issues
- 1 Whether the child D should remain in Poland or be returned to Ireland based on best interests
- 2 Adequacy of therapeutic services in Poland versus Ireland
- 3 Impact of parental communication and cooperation on child's welfare
Ratio Decidendi
D's best interests require that he remain in Poland, where he receives appropriate multi-disciplinary therapeutic care, has established relationships, and speaks the language; there is no guarantee of equivalent services in Ireland and disruption would not serve his welfare.
Court Disposition
Application for return of child to Ireland refused; child to remain in Poland.
Orders
- D to continue residing in Poland with Respondent.
- Applicant to have continued generous access to D.
Full Case Text
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